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| Tea Control (Amendment) |
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AN ACT TO AMEND THE TEA CONTROL ACT, NO. 51 OF 1957
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
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[12th February
, 1993 ]
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Short title.
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1. This Act may be cited as the Tea Control (Amendment) Act, No. 3 of 1993.
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Amendment of section 8 of A No. 81 of 1957.
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2. Section 8 of the Tea Control Act, No. 15 of 1957 (here in after referred to as the ” principal enactment”) is hereby amended, by the repeal of subsection (2) of that section and substitution, therefor of the following subsection :
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” (2) Where the Controller is satisfied, after such inquiry as he may deem necessary:
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(a) that the building, or equipment, or manner of operation, of any tea factory is not of standard conducive to the manufacture of made tea of good quality ; or
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(b) that the owner of a tea factory has paid for green tea leaf bought by him for manufacture at such factory a price lower than the reasonable price payable as determined by the Controller having regard to the price fetched for made tea manufactured at that factory; or
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(c) that the owner of a tea factory has delayed payment of the reasonable price, referred to in paragraph (b) for green tea leaf bought by him for manufacture at that factory,
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the Controller may suspend or cancel where necessary, the registration of such tea factory or
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(i) in any case referred to in paragraph (b), direct any broker to whom the owner of such tea factory has sold any made tea manufactured at that factory, to deduct from the proceeds of such sale, an amount equivalent to the difference between the reasonable price for green tea leaf as determined by the Controller and the actual price paid by such owner for the green tea leaf bought by him ;
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(ii) in any case referred in paragraph (c), direct any broker to whom the owner of such tea factory has sold any made tea manufactured at that factory, to deduct from the proceeds of such sale, an amount equivalent to the reasonable price determined by the Controller for such green tea leaf,
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and to remit the sum so deducted to him, for payment by him, to the person supplying such green leaf to such factory.”.
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Amendment of section 19 of the principal enactment.
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3. Section 19 of the Principal enactment is hereby amended as follows:
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(1) by the repeal of subsections (1) and (2) thereof and the substitution therefor of the following subsections :
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‘ (1) No licensed dealer shall take delivery, or cause or permit delivery to be taken, of any made tea or green tea leaf which is not the produce of any estate or small holding of which he is the registered proprietor, unless
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(a) there is furnished to him by the person delivering such tea or leaf a valid declaration in respect of such tea or leaf; and
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(b) he furnishes to the person delivering such tea or leaf a valid declaration to the effect that he has accepted such tea or, leaf,
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(2) No manufacturer .shall take delivery, or cause or permit delivery to be taken, of any green tea leaf which is not the produce of any estate or small holding of which he is the registered proprietor, unless
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(a) there is furnished to him by the person deliver- ring such tea leaf a valid declaration in respect of such tea leaf; and
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(b) he furnishes to the person delivering such leaf a valid declaration to the effect that he has accepted such leaf, ” ; and
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(2) in paragraph (b) of subsection (3) thereof, by the substitution for the words “sell or deliver the articles”, o the words “sell or deliver or accept the articles “,
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Amendment of section 37 of the principal enactment.
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4. Section 37 of the principal enactment is hereby amended in subsection (1) of that section as follows:
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(1) by the substitution for paragraph (c) of the following paragraph:
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” (e) by the decision of the Commissioner under subsection (2) of section 8, of the suspension or cancellation of the registration of any registered tea factory, ” ; and
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(2) by the substitution for all the words, from “may within twenty-eight days ” to the end of that subsection, of the following:
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“may, within twenty-eight days after the communication to such person of the decision, or cancellation or suspension, appeal, in writing, from such decision, cancellation or suspension to the Minister.”.
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Amendment of section 63 of the principal enactment.
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5. Section 63 of the principal enactment is hereby amended in subsection (1) thereof, by the omission there from of the definition of the expression “Controller”,
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General amendment of the principal enactment.
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6. Wherever, in any provision of the principal enactment, of the word ” Controller ” occurs, there shall be substituted the word ” Commissioner “.
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Sinhala text to prevail in case of inconsistency.
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7. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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